Scotland has been named the ‘worst country in Europe’ for unqualified beauty therapists carrying out cosmetic procedures on customers, healthcare professionals have warned.
The concerns have been raised as people have been left with botched faces after using social media to find a beauty therapist, as current laws in Scotland do not prevent untrained persons from carrying out these treatments.
And in Scotland, there is no ban on under-18’s receiving these treatments, putting the country in a ‘severe situation.’
One woman told the BBC she just assumed the clinic she went to in Glasgow had the correct qualifications to carry out her lip fillers. However, she was told the treatment would be ‘pain-free’ but instead it felt as if a “golf ball had been shot into my lip”.
The woman, who works as a midwife said the beautician looked “horrified” and said she had never experienced anything like it before when her top lip started to swell.
“She offered antihistamines instead of anti-inflammatories,” Karen told BBC Scotland’s Disclosure. “That was when I realised she had no medical training. My lips were swelling up and I knew I needed medical attention.”
By the next day, she said her face was turning blue around her mouth, her lips were swollen and the inside of her gum was turning black.
She found a clinic in Hamilton with a medically trained aesthetic nurse who knew what the problem was and how to treat it.
“Basically the blood flow had been stopped to the rest of my face and it was getting worse by the minute,” Karen said. “It was a medical emergency.”
The British Association of Cosmetic Nurses (BACN) said most other countries have regulations that only allow trained health professionals to carry out procedures.
The BACN’s Jackie Partridge said:
“Colleagues across the rest of the world are shocked and in disbelief that non-medically qualified persons are legally allowed to treat the public.
“The UK is a joke when it comes to our colleagues in the rest of the world and Scotland is the worst in the UK.”
At present, professionals fear there is a two-tier system for cosmetic surgery in Scotland, between highly-trained and strictly regulated professionals and much cheaper beauticians who often carry out procedures in their homes.
Frances Turner Traill, who works as a prescribing nurse and is the director of a registered clinic voiced her fears that the lack of rules could cost someone their life. She said:
“It’s a very poor situation and unfortunately Scotland is the worst in the UK, and the UK is the worst in Europe.”
British College of Aesthetic Medicine spokesperson Dr Nestor Demosthenous told the broadcaster: “It is currently completely legal for a plumber or a hairdresser to inject a 16-year-old girl in the back of a van with no recourse.
“A non-medic can pretty much do whatever they want, anywhere they want, whereas if I were to start treating patients in a premises that wasn’t registered by the health board, I could be prosecuted.”
A Scottish government spokesperson said:
“We remain focused on engaging with stakeholders on the development of future regulation, to ensure that all non-surgical cosmetic procedures carried out in Scotland are delivered from hygienic premises by appropriately trained practitioners, applying recognised standards and using regulated products.”
Cosmetic Surgery in Scotland – The law
In April 2016, legislation was introduced which meant independent clinics run by a doctor, dentist, nurse, midwife or dental technician had to register with Healthcare Improvement Scotland before they could legally provide cosmetic procedures, however, untrained people carrying out these procedures at home or in a private clinic could do so freely.
There were calls to regulate cosmetic procedures in Scotland in 2020 as a consultation found that 98% of respondents agreed that further regulation of non-surgical cosmetic procedures was needed. The government responded by saying they will consider legislation to restrict who can administer dermal fillers, however, this has not yet gone into effect.
Cosmetic surgery injuries – What is the law?
If you have been left injured as a result of cosmetic surgery, you may be entitled to claim against the provider.
What injuries can I claim for?
There is a wide range of injuries and adverse reactions that may result from cosmetic procedures. Some of the most commonly found associated with the non-invasive procedures include:
- Allergic reactions
- Paralysis
- Extensive bruising and/or swelling
- Loss or reduced sight
- Psychological impact
Those adverse reactions associated with more invasive procedures can be life-threatening. It may be that surgery has been carried out incorrectly and negligently, or the product used in good faith is found to be dangerous.
Often these findings can come too late for many who have already undergone the procedure, such as breast augmentation if it is found that the implant used is not fit for purpose and prone to leaking sometime after the operation. These procedures should always be carried out by a registered doctor or surgeon.
What types of procedures are covered?
The adverse effects of cosmetic surgery can affect anyone. When undergoing these procedures, the practitioner should always explain the risks involved. These risks may be that the outcome may not be as expected, or that there are inherent risks associated with the product or procedure.
In invasive procedures, this information should be obtained via consultation and should be explained in depth before any further steps are taken.
Those who are found to be more at risk than others should have this explained fully to them, and in some cases, the practitioner may refuse to carry out the procedure if the risk is considered too dangerous.
In non-invasive procedures, again the adverse effects can affect anyone. Although it is not a requirement, we would always advocate that consent only be obtained once all the risks have been explained. The practitioner should always explain fully and administer the product with care and skill.
How to make a claim
To make a cosmetic surgery claim, the injury must have been suffered within the last three years and the result of another person’s negligence. Whether or not a mistake was negligent is a key matter when making a cosmetic surgery claim.
If compensation is to be awarded, it must be clearer established that the mistake was avoidable (i.e. the treatment received was below the standard that could be reasonably expected of a professional in that area of medicine) and directly caused injury.
If you have been left injured due to a negligent cosmetic surgery procedure, contact Oakwood Scotland Solicitors today.
Further reading
For information about clinical negligence, check out our resource.
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